The Brookhaven leader., 1887-08-25
HAMILTON CASE CONTINUED.
A COMPLETE BACK-DoWN BY
THE DISPENSE.
They Change Tactics and Invoke
the Laws Delay.
pecial to New Orleans Picayunc.l

mCNldlCtN dlNti bhI HoSNih ''l'S VI
the court ut o'clock this afternoon
the defendants counsel in the case
of the State vs.. Hamilton and Eu-
banks rendered to counsel for State
the afiidavits OF the defendants in
support of their motion for 4 con
tinuanCc.
The State insisted that the atli
davit should he fled, hut the defense
claimed that it was in the nature OF
evidence, and would not I've n part OF
the record unless made so by bill
OF exceptions.
The State replied that the paper
should be filed and it was filed.
The counsel for the State then got
leave to retire for consultation, and
after an absence Of some hours re
turned into court and handed the
affidavit tn the defendants attor-
news. and it was read to the court.
District Attorney Hnddleslon
then announced that the application
for a continuance Would be resisted,
first, on the ground OF the INSULT
cheney of the affidavit. and, second,
the further ground that the absent
witnesses, on account OF whose ab
sence a continuance is asked, would
not testify to the matters set forth in
the affidavit il they were present IN
court
Objections were male by the de
PENDANTS to the introduction OF any
testimony to prove that the absent
witnesses would not swear if present
as alleged in the affidavit.
This objection the court ovcrrnl
ed, and Mr.. Harris Dickson, one OF
the stenographers in the habeaS cor
pns trial, was put on the stand to
identify the testimony Of Isaac
Thomas and Andrew Govan. Pend
inc his examination the court ad-
iourned till tomorrow morning.
The affidavit referred to is based
solely on the absence of the mate
rial witnesses, to-wit: Isaac Thorn
as, William Nettles, j. L. Morris,
Andrew Govan, John Criddle, Alex.
Hamilton, Thomas Hardy and ). W.
Hamilton.
OF these witnesses, Isaac Thomas
and Andrew Govan testified IN the
haheas corpus proceedings. 1t Is
alleged in the atlilariis that William
Nettics, II he We're present, would
testify that X. ID Gambrell. while
riding on passenger train OF
which Nettlrs was conductor, to
some illusions being made to Hamil-
ton. pulled a pistol from his hip
pocket, and tlouri>hcd It above his
head, remarking about as follows;
Il am keeping that tor Hamilton,
and intend TO kill him at first "rpar-
tunitV.'
j. +. harrison wound testify that
he was NJ the Lawrence House the
night ot the tragedy, saw GambreIl
pass aud saw Hamilton leave in the
red WAGON: that about the time the
wagon reached the bridge the firing
began; the Wilncs,' attention was at
once directed to the bridge wiuIe
the firing was going on, aud he saw
only two persons engaged IN the
ARRAY. and that he was looking
right at the parties all the time and
was in no wise excited.
Jno. w. Criddlc would testify that
he saw II. ID. Gambrell in Clinton
the day he was killed and in course
of a conversation Gambrell said: 81
have the age (or edge on Hamilton
and III fix him"
Alexander Hamilton, who is a pos,
tai clerk on the Natchez road, would
testify to the manner in which the
shots were fired, contradicting i'm
portant State witnesses and would
also testify that he went under the
bridge the night of the killing with
State witness Chas. Fitzgerald tC
look for assassins at Fitzgerald s
suggestion; that they lit matches to
aid them in their Investigations, and
"tramped down the thistles" and
which attracted State witness
Jaynes attention,neXt morning.
DR.. S. W. Hamilton would testify:
THAT he is well acquainted with
the general reputation of r. ID. Gam
brell in the vicinity in which he
resided for peace and quiet or the
reverse; that he is and has long been
a Justice of the Peace in Clinton,
and has often had said Gambrell
before him for broils and distur-
Dances, and has often had TO fine
him; that he was a turbulent, quar-
relsomP, vindictive man, selfasser-
tive, prone to provoke controversies;
was an expert pistol shot, proud OF
his proficiency, always went armed,
and was generally believed to be
anxious for a personal encounter
with some prominent person for
the notoriety it would give him; that
This general reputation was such
that everyone said he must very
soon kill some one or be killed him
self"
BRANDON, Miss, Aug. 20.-The conrt
spent the forenoon session in hearing
testimony in rebuttal of the defendants
application for continuance, the effort
on the part of the State being to satisfy
the court if the absent witnesses, Andrew